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<br />r. <br /> <br />-: ~".,,~~V~~ '~. p,-: <br /> <br />152 <br /> <br />PUBLIC LAND LAW REVIEW <br /> <br />[Vol. 15 <br /> <br />1994] <br /> <br />GRAND CANYON PROTECTION ACT <br /> <br />153 <br /> <br />A final issue results from the significant costs of the comprehensive <br />activities that are to take place under the GCPA. Section 1807 grants the <br />Secretary the authority to use funds received from the sale of electric power <br />to prepare the EIS and to conduct the long-term monitoring program. <br />These costs are "nonreimbursable" and will be added to the outstanding <br />amount due under the CRSPA, meaning federal taxpayers will ultimately <br />pay the costs involved.lle <br />The GCPA is a congressional attempt to protect the natural and <br />cultural environment downstream of Glen Canyon,by d~~ning_t_he_priori- <br />ties under which DOl must operate the dam. TiI~'la-w_Qfth'e 'riv"er"ii itill" <br />paramount in dictating releases,;hut now the'prote'8'd8fi~f;'dGW:futii~;~t'm <br />resources lakes-priority over a1l9th~r.values. InJact.thelegislatill.e.histol"Y,,, <br />indicates that the ,GCP A sij.eCiflcally rejects the, .,,~2,~~?n ~h~J ~~~'_"('- <br />generation-:has"a-ny priority over protection"of downstream enV'ironlhental, <br />recreational; o~ cult'ural va~ues.117 This reordering of priorities, recogniz- <br />ing traditionally overlooked values, is by itself enough to make the GCP A a <br />significant piece of legislation. What remains to be seen is whether the <br />GCP A is a model to be used in settling other controversies Concerning the <br />use of natural resources in this country. <br /> <br />reform legislation, enacted in part to arrest the deterioration of fish TUns in <br />the Upper Columbia River Basin, 120 Also, similar to the situation at Glen <br />Canyon Dam, a diverse number of interest groups use the Columbia River <br />~nd therefore are very concerned with any changes in the status quo. These <br />mterest grou~s include utilities, recreationists, commercial fishing inter- <br />ests, and Native Americans.121 Due to similarity with the issues involved at <br />Glen Canyon, the Northwest Power Act serves as a standard for reform- <br />type legislation. Although it is still too early to determine the overall <br />success of the Northwest Power Act,lU it has had a significant effect on <br />reorderi~g priorities in the Northwest12a ind therefore appears to be an <br />approprIate standard to follow. <br /> <br />v. STRENGTHS AND WEAKNESSES OF THE GCPA <br /> <br />This Section evaluates the strengths and weaknesses of the GCP A by <br />analyzing how the legislation deals with certain questions common to <br />natural resource issues. First, does the Act establish an overall goal and set <br />of priorities that can be used to guide activities that are undertaken <br />pursuant to its provisions? Second, are scientific data used, as appropriate, <br />to direct the planning? Third, is the decision-making process open to all <br />parties who are affected by the issue at hand? Finally, does the legislation <br />promote overall efficiency in the use of natural resources? As a means of <br />comparison, the analysis will use the Pacific Northwest Electric Power <br />Planning and Conservation Act (Northwest Power Act)118 as an example <br />of natural resource reform legislation that addr~ses the above questions. <br />The Northwest Power Act was signed into law on December 5,1980 <br />for the purpose of developing, in tandem, a region-wide energy plan and a <br />comprehensive program to protect and enhance fish and wildlife re- <br />sources.l19 The Northwest Power Act is similar to the GCPA in that it is <br /> <br />A. Go,!! Setting & Reordering of Priorities <br /> <br />, Legi~lation affecting the use of natural resources should, and usually <br />does, specify an overall goal or objective.124 This provides a reference point <br />by which all activities under a program can be measured. Even more <br />important than a broad objective is a strong statement as to what values <br />should take precedence when competing uses come into conflict. <br />The Northwest Power Act lists a number of goals in its mission <br />statement. These goals include assuring an efficient, economical power <br />supply while encouraging conservation, protection, and enhancement of <br />the fish and wildlife resource of the Columbia River and its tributaries.125 <br />Most significant is a provision that ele.~tes anadromous fish to the status of <br />a co.equal partner with energy production.U6 Although the Northwest <br />Power Act does not specifically establi"ih a hierarchy of prioritjes, it gives <br />the Northwest Power Planning Council (Council) a defined mission and.a <br />set of equal obligations to which it must adhere.1t7 <br />, <br />/ <br /> <br />]16. GCPA ~ 1807. <br />117. 138 CONGo REC. Sl7,832 (daily cd. Oct. 8, 1992) (questions and statements by Sen. <br />McCain & Sen. Bill Bradley). <br />118. ]6 US.C. ~ 839 (1988 & Supp. IV 1,992). <br />119. Micbael C. Blumm & Brad L Jobnson, Promising A Process for Parity: The Pacific <br />Northwest Electric Power PJanning ami Conservation Act ami Anadromo/lS Fish Protection. II <br /> <br />ENVTl. L. 497, 499 (1981). <br />120. Jd. at 501. <br />121. See generally id. at 549.55. <br />122. Salmon runs are far from fully recovered. See Paul Koberstein, The Decline and Fall of <br />Salmon. HIGH COUNTRY NEWS, Nov. IS, 1993, at 1. ' <br />123. CHARLES F. WILKINSON. CROSSING THE NEXT MERIDIAN; LAND, WATER, AND THE <br />FUTURE OF THE WEST 210-] 6 (]992) (setting out cbanges in operation or tbe Columbia River dams <br />made pursuant to tbe Acc that benefilsa]monat the eltpense or hydropower production.) <br />124. For eumple, the Clean Water Act set out the goal ofllshable and swimmable waters. Sel! <br />33 U.s.C.! ]251 (1988 & Supp. IV 1992). <br />125. 16 U.s.C.! 839. <br />126. 16 U.S.C. 839b(h)(II)(A)(i). See also WILKINSO~, supra note 123, at 210. <br />127. The Cou~cil was c~ated under the Northwest Power Act and charged with managing tbe <br />hydropower resource III the Pacific Northwest. Spedllcally, its responsibilities include; (I ) developing a <br />progra.m to help fish and wildlife, in particular salmon and steel bead runs affected by hydroeleclric <br />dams III tbe Columbia River Basin; (2) preparing a plan 10 meet energy demands of the Pacific <br />Northwcst;and (3) encouraging broad Pllblic participation in developing both t he fish & wildlife <br />program and the p:lWer plan. John M. Volkman & Kai N. Lee. Within Ihl! Hund'tdth Mtridian: <br /> <br />, <br /> <br />.'\ <br />."~ <br />':c:tJf: <br />\, <br /> <br />